Legal Question in Landlord & Tenant Law in Pennsylvania
Security Deposit Dispute
I am posting for a friend. Three friends rented an apartment for one year. At the end of the year, the landlord kept a part of each person's security deposit because the mattress in one person's bedroom was ''dry-rotted.'' Is this allowed? The person did not deliberately cause their mattress to become dry-rotted, nor were they aware of it. Wouldn't the landlord have to prove that the tenant(s) were negligent in some way in order to keep their security deposit? Furthermore, is he entitled to keep all three tenants' security deposits when the problem is specifically in one person's bedroom? Keep in mind that this mattress was used by previous tenants.
2 Answers from Attorneys
Re: Security Deposit Dispute
Mattresses have expected useful lives. 5, 10 20 years depending on quality. The landlord might be entitled to the value of the mattress at the end of the tennancy. So if the mattress was $400 had an expected life of ten years and was 6 years old (400/10 x 6 = $240). You would have the defense that it might have been in that condition when you moved in. I offer free consultations.
Re: Security Deposit Dispute
You should contact and retain legal counsel ASAP to defend against this action...it would be my recommendation to first have your attorney try to negotiate with your former landlord if this doesn't work you will need to file a civil suit against him.
My office also offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law
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